HomeMy WebLinkAbout14. 22-288JULY 12, 2022 22-288 RESOLUTION
(APPROVED___6-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR OUTDOOR
COMMERCIAL ENTERTAINMENT AT 309 AND 313
WASHINGTON AVENUE
INITIATED BY: CAROL VELASCO
PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions
WHEREAS, the Plan Commission finds that a Conditional Use Permit for outdoor
commercial entertainment at 309 and 313 Washington Avenue, is consistent with the
criteria established in Section 30-382 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a Conditional Use Permit for outdoor commercial entertainment at 309 and
313 Washington Avenue, is hereby approved, per the attached, with the following
findings:
1. Is in harmony with the Comprehensive Plan.
2. Would not result in a substantial or undue adverse impact on nearby property,
the character of the neighborhood, environmental factors, traffic factors, parking,
public improvements, public property or rights-of-way, or other matters
affecting the public health, safety, or general welfare.
3. Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property.
4. The conditional use is located in an area that will be adequately served by, and
will not impose an undue burden on, any of the improvements, facilities, utilities
or services provided by public or private agencies serving the subject property.
5. The potential public benefits outweigh any potential adverse impacts of the
proposed conditional use, after taking into consideration the applicant’s
proposal and any requirements recommended by the applicant to ameliorate
such impacts.
BE IT FURTHER RESOLVED that the following are conditions of approval for a
JULY 12, 2022 22-288 RESOLUTION
CONT’D
Conditional Use Permit for outdoor commercial entertainment at 309 and 313
Washington Avenue:
1. Final landscaping plan be reviewed and approved by the Department of
Community Development.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: July 7, 2022
RE: Approve Conditional Use Permit for Outdoor Commercial Entertainment at 309
and 313 Washington Avenue
BACKGROUND
The applicant is requesting a Conditional Use Permit approval for Outdoor Commercial
Entertainment at 309 and 313 Washington Avenue. The subject site is located on the south side
of Washington Avenue, east of Court Street, and immediately to the west of The Howard. It
consists of two vacant parcels totaling 0.56 acres surrounded by a mixture of commercial and
residential uses with the YMCA and park area to the north. The properties were previously a
multi-family residential building (309) and commercial office building (313), which were both
recently razed. The site has a 2040 Comprehensive Land Use recommendation of Center City.
ANALYSIS
The applicant is proposing to combine the vacant subject lots with The Howard site through a
CSM to allow for open green space for outdoor events held by The Howard. This is considered
outdoor commercial entertainment under the zoning ordinance, which requires a Conditional
Use Permit in the UMU district.
According to the provided site plan, the area will be enclosed by a combination of 8’ cedar
privacy fence and 8’ wrought iron fence and will also include a 16’ X 16’ wood gazebo within
the enclosed area. The applicant anticipates a maximum of 250 guests for wedding ceremonies
and cocktail receptions, with outdoor events ending before dark in most occasions. The
proposed outdoor entertainment area meets setback requirements for nonresidential uses in the
UMU zoning district for principal structures and accessory structures. The proposed area also
meets the requirement that an outdoor entertainment activity area not be located closer than 50
feet to a residentially-zoned property. The property will remain under the maximum
impervious surface area of 85%.
Code requires one parking space for every three persons at maximum capacity of the
establishment for outdoor commercial entertainment uses. However, the property is exempt
from parking requirements as it is located with the Parking Requirement Exemption Overlay.
The Howard has two existing parking areas with a total of 147 stalls which will meet parking
needs for the site. The site plan shows 114’ of street frontage for the area, resulting in a
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
requirement of 68.4 street frontage landscape points. Code further specifies that 50% of the
points shall be devoted to medium trees. Staff is recommending a condition that this
requirement be met and reviewed during the Site Plan Review process.
FISCAL IMPACT
Approval of this project may result in a minor increase in the assessed property value for the
site. The applicant is anticipating spending approximately $200,000 on the proposed project.
RECOMMENDATION
The Plan Commission recommended approval of the Conditional Use Permit with findings and
conditions on July 5, 2022. Please see the attached staff report and meeting minutes for more
information.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
ITEM: CONDITIONAL USE PERMIT FOR OUTDOOR COMMERCIAL
ENTERTAINMENT AT 309 & 313 WASHINGTON AVE
Plan Commission meeting of July 5, 2022.
GENERAL INFORMATION
Applicant: Carol Velasco
Property Owner: The Ronal H Johnson & Jane K Johnson Irrevocable Endowment Trust
Action(s) Requested:
The applicant is requesting Conditional Use Permit approval for Outdoor Commercial
Entertainment at 309 and 313 Washington Avenue.
Applicable Ordinance Provisions:
Outdoor Commercial Entertainment in the Urban Mixed Use Zoning District requires a
Conditional Use Permit, as regulated in Section 30-53(C). Criteria used for conditional use
permits are located in section 30-382 of the zoning ordinance.
Background Information Property Location and Type:
The subject site is located on the south side of Washington Ave., east of Court St., and consists
of two vacant parcels, totaling 0.56 acres, immediately to the west of the Howard. The site is
surrounded by a mixture of commercial and residential uses along with the YMCA and park
area to the north. The properties were previously a multi-family residential building (309) and
commercial office building (313), which were both recently razed. The site has a 2040
Comprehensive Land Use Recommendation of Center City.
Subject Site
Existing Land Use Zoning
Vacant UMU
Recognized Neighborhood Organizations
River East
Adjacent Land Use and Zoning
Existing Uses Zoning
North Institutional I-PD
South Commercial UMU
East Commercial UMU
West Multi-family/Commercial UMU
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation City Center
ITEM III – CUP – 309 313 Washington Ave. 2
ANALYSIS
Use
The applicant is proposing to combine the subject vacant lots with the Howard site through a
CSM to allow for open green space for outdoor events held by the Howard. This is considered
outdoor commercial entertainment under the zoning ordinance, which requires a Conditional Use
Permit in the UMU district.
According to the provided site plan, the area will be enclosed by a combination of 8’ cedar
privacy fence and 8’ wrought iron fence and will also include a 16’ X 16’ wood gazebo within
the enclosed area. The applicant anticipates a maximimum of 250 guests for wedding
ceremonies and cocktail receptions, with outdoor events ending before dark in most occasions.
Proposed site plan
Site Design
The proposed outdoor entertainment area meets setback requirements for nonresidential uses in
the UMU zoning district for principal structures and accessory structures, which is 0’ from
front/side property line and 5’ from rear property line. The proposed area also meets the
requirement that outdoor entertainment activity area not being located closer than 50 feet to a
residentially-zoned property. The property will remain under the maximum impervious
surface area of 85%.
Code requires one parking space for every three persons at maximum capacity of the
establishment for outdoor commercial entertainment uses. However, the property is exempt
from parking requirements as it is located with the Parking Requirement Exemption Overlay.
ITEM III – CUP – 309 313 Washington Ave. 3
The Howard has two existing parking areas with a total of 147 stalls, which will meet the
parking needs for the site.
Lighting
No changes are being proposed to the lighting for the site.
Signage
No changes are being proposed to the signage for the site.
Landscaping
A landscaping plan has not been provided. The addition of the outdoor commercial
entertainment area will require additional street frontage landscaping.
The site plan shows 114’ of street frontage for the area, resulting in a requirement of 68.4 street
frontage landscape points (60 points per 100 feet of right-of-way). Code further specifies that
50% of the points shall be devoted to medium trees. Staff is recommending a condition that this
requirement be met and reviewed during the Site Plan Review process.
Storm Water Management
The Department of Public Works reviewed the plans and are requiring a full site plan review to
make sure the site complies with the city’s storm water management policies.
Building Facades
No building changes were included with this request.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Conditional
Use Permit, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-382 (F)(3):
(1) Is in harmony with the Comprehensive Plan.
(2) Would not result in a substantial or undue adverse impact on nearby property, the
character of the neighborhood, environmental factors, traffic factors, parking, public
improvements, public property or rights-of-way, or other matters affecting the public health,
safety, or general welfare.
(3) Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property.
(4) The conditional use is located in an area that will be adequately served by, and will not
impose an undue burden on, any of the improvements, facilities, utilities or services provided
by public or private agencies serving the subject property.
(5) The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant’s proposal and any requirements
recommended by the applicant to ameliorate such impacts.
ITEM III – CUP – 309 313 Washington Ave. 4
Staff recommends approval of the proposed Conditional Use Permit for Outdoor Commercial
Entertainment at 309 313 Washington Ave. as proposed with the findings listed above and the
following condition:
1. Final landscaping plan be reviewed and approved by the Department of Community
Development.
The Plan Commission recommended approval of the Conditional Use Permit on July 5, 2022.
The following is their discussion on the item.
Site Inspections Report: Ms. Propp, Ms. Davey and Mr. Perry all reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting Conditional Use Permit approval for Outdoor Commercial
Entertainment at 309 and 313 Washington Avenue.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The applicant is proposing to combine the subject
vacant lots with the Howard site through a CSM to allow for open green space for outdoor
events held by the Howard. This is considered outdoor commercial entertainment under the
zoning ordinance, which requires a Conditional Use Permit in the UMU district.
The proposed outdoor entertainment area meets setback requirements for nonresidential uses in
the UMU zoning district for principal structures and accessory structures, which is 0’ from
front/side property line and 5’ from rear property line. The proposed area also meets the
requirement that outdoor entertainment activity area not being located closer than 50 feet to a
residentially-zoned property. The property will remain under the maximum impervious
surface area of 85%.
Code requires one parking space for every three persons at maximum capacity of the
establishment for outdoor commercial entertainment uses. However, the property is exempt
from parking requirements as it is located with the Parking Requirement Exemption Overlay.
The Howard has two existing parking areas with a total of 147 stalls, which will meet the
parking needs for the site.
According to the provided site plan, the area will be enclosed by a combination of 8’ cedar
privacy fence and 8’ wrought iron fence and will also include a 16’ X 16’ wood gazebo within
the enclosed area. The applicant anticipates a maximum of 250 guests for wedding ceremonies
and cocktail receptions, with outdoor events ending before dark in most occasions. Staff
recommends approval with the findings and conditions as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Ms. Propp asked if an eight foot fence is higher than is normally allowed and where along the
property line would the eight food cedar fence be.
ITEM III – CUP – 309 313 Washington Ave. 5
Mr. Lyons replied that the Urban Mixed Using zoning does allow the eight foot fence. The cedar
portion is along the west property line. The applicant has been working with the two property
lines to actually straighten it out. They are going through a certified survey map process to
modify the property line to everyone’s benefit.
Mr. Kiefer asked what type of neighbors are there.
Mr. Lyons said they are rental properties.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Carol Velasco, 405 Washington St, said the Victorian property is on the corner is going to be a
residential and the property on Broad St is going to be an Airbnb. The plan for this project is to
utilize the space in the neighborhood and it make it cohesive with the Howard. It will
complement the neighborhood. Currently there is not a venue to have outdoor space with the
capacity of indoor space that the Howard has. There are three crabapple trees out front, six on
the west side and five on the south side and four on the east side. They would be sodding as
well.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no other public comments on this item.
There were no closing statements from the applicant.
Motion by Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Ms. Davey asked if this is in addition to whatever is going on inside; 250 people inside and 250
people outside.
Ms. Velasco said that the capacity of the venue is 250 total. They would expect a crowd that
wanders between indoor and outdoor space.
Motion carried 6-0.
DocuSign Envelope ID: 635EF371-9C0B-41D3-BC33-94919BC05960
DocuSign Envelope ID: 635EF371-9C0B-41D3-BC33-94919BC05960
DocuSign Envelope ID: 635EF371-9C0B-41D3-BC33-94919BC05960
Narrative to support Conditional Use Permit for 309 and 313 Washington Avenue
The proposed conditional use will not have a negative effect on the issues below:
●Health, safety and general welfare of occupants of surrounding lands
○The area will be fenced/gates per all city regulations and monitored by security
cameras.
●Pedestrian and vehicular circulation and safety
○The current property is not utilized for pedestrian and vehicular use in its current
state and, as such, will not negatively impact it moving forward.
●Noise, air, water, or other forms of environmental pollution
○The property will be sodded and landscaped by a professional landscaping
company and should face no form of the above listed pollution.
●The demand for and availability of public service and facilities
○The property will enhance the neighborhood and will not interfere with availability
of public services.
●Character and future development of the area
○With heavy emphasis on creating a space that complements the surrounding
properties through function and aesthetic, the focus of the development will be
enhancing the character of the neighborhood.
The following narrative gives explanation of the proposed conditional use:
●Proposed use of the property
○The property will be used as an extension of The Howard for events (i.e. wedding
ceremonies, cocktail receptions)
●Current use of the property
○The property is currently not utilized in any form. It was formerly a commercial
office building and apartment complex that were in disrepair before demolition.
●Identification of structures on the property and discussion of their relation to the project
○The single structure that will be on the property will be a framed, hardtop gazebo
similar to the one linked below for visual and approximate size reference (final
one not selected)
■https://www.wayfair.com/outdoor/pdp/greyleigh-summercove-bella-125-ft-
x-125-ft-patio-black-2-tier-cedar-framed-hardtop-gazebo-lkjp3048.html
●Projected number of residents, employees, and or/daily customers
○This would be available for rental and for events hosted by The Howard. We
would anticipate a maximum of 250 guests for wedding ceremonies and cocktail
receptions. The quantity of guests at hosted events would range by event type.
Residents of the neighborhood would not have access to the property if not
renting it privately. Generally, 5-15 staff persons will work any single event.
●Proposed amount of dwelling units, floor area, landscape area, and parking area
expressed in square feet and acreage to the nearest one-hundredth of an acre
○No dwelling units, floor area, or parking will be on the property. Use of The
Howard’s current parking facilities would be utilized. Landscaping would be
limited to trees, hedges, and some fill in scape for aesthetics taking up a very
minimal portion of the property.
●Effects on the adjoining properties to include, noise, hours of operation, glare, odor,
fumes, vibration, etc.
○Noise - potential for music to be played in outdoor space with the gazebo
structure being the planned geographic location of any music/amplification to
ensure that any noise is placed furthest away from residential property.
○Hours of Operation - we anticipate that most events will end before dark in most
occasions, with any events going later abiding by all city ordinances for
curfew/sound.
○Glare - no additional lighting is planned to be added
○Odor/Fumes/Vibration - NA
●Surrounding Land Uses + Compatibility of the proposed use with adjacent and other
properties in the area
○North - Oshkosh YMCA & Park
■Have met with Oshkosh YMCA and made them aware of plans and
potential use of space. Creating a better aesthetic for members of the
YMCA out of the South facing window
○East - The Howard
■Satisfy a community need for outdoor event space that is supported by
professional event planners, catering and safe bar service
○South - Commercial Building
■Have met with owner and made them aware of plans and potential use of
space. Enhancing the aesthetic of the property.
○West - Residential Properties
■Have met with property owners and have made them aware of plans and
potential use of space as well as enhancements to the property that will
create a better aesthetic for their own.
●Traffic generation
○We do not anticipate that traffic will be affected in a negative way. Frequency of
events may likely increase due to additional function; however, current availability
to parking at The Howard will keep surrounding street parking open and available
in the majority of circumstances. We do believe that traffic into town for our
events will have a positive impact on surrounding downtown businesses as
customers generally do overnight stays when coming from out of town.
●Any other information pertinent to adequate understanding of the intended use and its
relation to nearby properties
○Petitioners on this project have made it a priority to communicate with
surrounding properties as our goal is to enhance community nearby, while giving
Oshkosh and surrounding areas a space that is well maintained and managed for
their outdoor event needs, or event needs that call for a hybrid of indoor and
outdoor space. The intention of this space is to fill a void in the community,
primarily giving those looking for indoor/outdoor venue space an option with
higher capacity of guests.
Petitioner & Surveyor Information
○Petitioner | Carol Velasco | Operations Director at The Howard
■Phone: 608-774-5884
■Email:carol@thehowardoshkosh.com
○Petitioner | Chris Golem
■Phone: 920-573-2885
■Email:chris@atlasvc.com
○Surveyor | Kevin Slottke, PLS | Land Survey Group Leader at The Sigma Group,
Inc.
■Phone: 414-643-4161
■Email:kslottke@thesigmagroup.com
- 16' -- 8' -
- 127" -
- ≈ 214' -
- 8' -
8' Wrought Iron Fence
8'Cedar Privacy Fence
- ≈192.5' -
- ≈114' -
- ≈120' -
Gate
Curb Cutout
Paved
between gate
and cutout
≈ 16' X 16'
hard top
wood gazebo
CUP
309-313 WASHINGTON AVE
PC: 7-05-2022
ROBROS LLC
W4020 US HIGHWAY 10
MENASHA, WI 54952
JEREMY P/LORI A HERZOG
310 WAUGOO AVE
OSHKOSH, WI 54901
KONRAD BEHLMAN FUNERAL
HOME LTD
PO BOX 78
OSHKOSH, WI 54903
TIMOTHY D NEUBAUER/KATY E
FREY
708 OREGON ST
OSHKOSH, WI 54902
FREY RENTAL PROPERTIES LLC
1803 OREGON ST
OSHKOSH, WI 54902
CRESCENT MOON PROPERTIES
316 COURT ST UNIT 8
OSHKOSH, WI 54901
405 WASHINGTON AVE LLC
405 WASHINGTON AVE
OSHKOSH, WI 54901
OSHKOSH COMMUNITY YMCA
324 WASHINGTON AVE
OSHKOSH, WI 54901
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH, WI 54903
CAROL VELASCO
55 JACOB AVE
OSHKOSH, WI 54902
THE RONALD H JOHNSON & JANE K
JOHNSON IRREVOCABLE ENDOWMENT
TRUST
115 WASHINGTON AVE
OSHKOSH, WI 54901
Roe Park
WASHINGTON AVWASHINGTON AV
BBRROOAADDSSTT
WAUGOO AV
WAUGOO AV
COURT ST
COURT ST
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 6/20/2022
1 in = 120 ft1 in = 0.02 mi¯309-313 WASHINGTON AVE309-313 WASHINGTON AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 6/20/2022
1 in = 500 ft1 in = 0.09 mi¯309-313 WASHINGTON AVE309-313 WASHINGTON AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 6/20/2022
1 in = 100 ft1 in = 0.02 mi¯309-313 WASHINGTON AVE309-313 WASHINGTON AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer